McNealy v. Becnel et al

Filing 341

ORDER AND REASONS granting 277 Motion for Summary Judgment; granting 280 Motion for Summary Judgment, all claims against the Local Union and USW International are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that the Local Union's and USW International's requests for attorney's fees is DENIED. Signed by Judge Susie Morgan on 5/26/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (clc)

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Page 276 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * * * * * * * * NEWTON MCNEALY * * VERSUS * * DARRYL J. BECNEL, ET AL * * * * * * * * * * * CIVIL ACTION NO. 2:14-cv-02181-SM-JCW JUDGE SUSIE MORGAN MAGISTRATE JUDGE JOSEPH WILKINSON VOLUME II Continuation of the Videotaped Deposition of NEWTON T. McNEALY, JR., taken on Thursday, November 17, 2016, commencing at 8:59 a.m., in the offices of Robein, Urann, Spencer, Picard & Cangemi, Attorneys at Law, 2540 Severn Avenue, Suite 400, Metairie, Louisiana, 70002. Page 277 1 I N D E X 2 3 Page 4 5 6 Caption Index of Exhibits Appearances Agreement of Counsel 276 278 281 283 7 Examination 8 9 JULIE RICHARD-SPENCER, ESQ. THOMAS J. McGOEY II, ESQ. QUIANA M. HUNT, ESQ. 284 340 349 10 * * * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Witness' Certificate Reporter's Page Certificate 368 369 370 Page 278 1 INDEX OF EXHIBITS 2 VOLUME I 3 Number Page 1 February 6, 2014 Certified Return Receipt Requested Letter from Tammy V. Troxclair, Human Resources Associate Motiva to Newton McNealy 145 8 2 4/30/3024 Separation Notice 146 9 3 Excerpt of Deposition of Newton T. McNealy taken on January 17, 2014 in the matter filed with the Office of Workers' Compensation entitled Newton T. McNealy v. Motiva Enterprises, LLC 147 4 5/5/2015 Letter from Zaida Monconduit, Program Operations Specialist, U.S. Equal Employment Opportunity Commission to Newton McNealy 168 5 Shell and Motiva Harassment Policy April 2009 176 6 March 24, 2014 Handwritten letter of intent by Newton McNealy to appeal MetLife's decision concerning claim and February 6, 2012 Letter from Mr. McNealy to MetLife M-0332, M-0658 203 7 Plaintiff's Response to First Set of Interrogatories 225 8 Plaintiff's Response to Admission 225 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 279 1 (Cont.) INDEX OF EXHIBITS 2 3 Number Page 9 Order of Approval and Dismissal of Suit/Claim with Prejudice in matter of Newton T. McNealy v Motiva Enterprises, LLC filed with the Office of Workers' Compensation 227 10 Notice of Award by the Social Security Administration, Retirement, Survivors, and Disability Insurance to Newton W. McNealy, Jr. 228 11 Orientation Documents Checklist for New Hire 238 12 September 4, 2012 Letter from Randy Cavalier, Human Resources Account Manager, Maintenance, Motiva to Newton McNealy 239 4 5 6 7 8 9 10 11 12 13 14 15 16 VOLUME II 13 Plaintiff's Response to United Steel Workers, Local Union's First Set of Interrogatories, Requests For Production of Document and Request for Admissions 337 14 April 12, 2011 Written Reminder from Brandon Dufrene, Hard Crafts Supervisor and Clay Threadgill, Maintenance Team Leader to Newton McNealy 341 15 March 25, 2011 News Article re: Louisiana man arrested for stealing cattle, Natchez, Mississippi 342 17 18 19 20 21 22 23 24 25 Page 280 1 (Cont.) INDEX OF EXHIBITS 2 3 Number Page 4 16 Crime Reports: May 23, 2011 Natchez Police Department 344 17 Plaintiff's Fourth Amended and Supplemental Complaint Request for Trial by Jury 346 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 281 1 2 APPEARANCES: Representing the Plaintiff, Newton T. McNealy, Jr.: 3 5 HUNT-CLARK LAW FIRM Attorneys at Law 5727 St. Claude Avenue New Orleans, Louisiana 6 BY: 4 70117 QUIANA M. HUNT, ESQ. 7 8 Representing the Defendants, USW Local 750 and the International: 9 10 11 ROBEIN, URANN, SPENCER, PICARD & CANGEMI, APLC Attorneys at Law 2540 Severn Avenue, Suite 400 Metairie, Louisiana 70002 12 BY: 13 JULIE RICHARD-SPENCER, ESQ. KEVIN R. MASON-SMITH, ESQ. 14 15 16 17 Representing the Defendants, Motiva Enterprises, Shell Chemical, Shell Oil and Saudi Refining: 19 LISKOW & LEWIS Attorneys at Law One Shell Square, Suite 5000 701 Poydras Street New Orleans, Louisiana 70139 20 BY: 18 THOMAS J. McGOEY II, ESQ. PHILIP R. DORE, ESQ. 21 22 23 24 25 Reported by: KAY E. DONNELLY Certified Court Reporter State of Louisiana Page 282 1 APPEARANCES: (Cont.) 2 ALSO PRESENT: 3 Representing Metropolitan Life: 4 5 6 ELKINS, PLC Attorneys at Law One Shell Square, Suite 5000 201 St. Charles Avenue, Suite 4400 New Orleans, Louisiana 70170 7 BY: VIRGINIA N. RODDY, ESQ. 8 9 10 Stanley Price Paralegal Hunt-Clark Law Firm 11 12 Mark Ancalade Videographer US Legal Support 13 14 15 16 17 18 19 20 21 22 23 24 25 Reported by: KAY E. DONNELLY Certified Court Reporter State of Louisiana Page 283 1 S T I P U L A T I O N 2 3 It is stipulated and agreed by and among 4 counsel that the continuation of the videotaped 5 deposition of NEWTON T. McNEALY, JR., is hereby 6 being taken under the Federal Rules of Civil 7 Procedure in accordance with the Rules. 8 9 The formalities of sealing and certification are hereby waived. The witness 10 reserves the right to read and sign the 11 deposition. 12 of the discovery material shall retain the 13 original. 14 The party responsible for service All objections, save those as to the form 15 of the questions, are hereby reserved until such 16 time as this deposition, or any part thereof, 17 may be used or sought to be used in evidence, 18 and are to be made in accordance with the 19 Federal Rules of Civil Procedure. 20 * * * * * 21 KAY E. DONNELLY, Certified Court Reporter, 22 in and for the State of Louisiana, officiated in 23 administering the oath to the witness. 24 25 Page 284 1 NEWTON T. McNEALY, JR., 39392 Highway 74, 2 Gonzales, Louisiana, 70737, after having been 3 first duly sworn, testified on his oath as 4 follows: 5 THE VIDEOGRAPHER: 6 7 We are now back on the Record. time is 8:59. 8 9 The And this is the beginning of Tape 1 to the continuation of the videotaped deposition 10 of Mr. Newton T. McNealy, Jr., on November the 11 17th, 2016. 12 13 I would ask Madam Court Reporter would you please swear in the witness. 14 15 16 (Witness sworn.) EXAMINATION BY MS. RICHARD-SPENCER: Q. So, Mr. McNealy, I'm going to pick up 17 with where I was yesterday, except I -- I'm 18 going to go back and just ask a few background 19 questions since it is a new day. 20 Yesterday you described for Mr. McGoey 21 medications that you had taken that day and that 22 you were un -- had in your system during that 23 deposition. 24 25 Did you take that same medication today? A. Yes, I did. Page 285 1 Q. Did you take any different medication? 2 A. No, I did not. 3 Q. All right. Today do you feel able to 4 testify and to do so truthfully and to the best 5 of your recollection? 6 A. A lot clearer than yesterday. 7 Q. Okay. 8 Is there a reason why you are a -- 9 A. Because -- 10 Q. -- lot -- 11 A. Because I -- my memory has been 12 13 refreshed on all the things that occurred. Q. Okay. Thank you for telling me why you 14 feel a little clearer today. 15 that. 16 And I appreciate Again, the same rules apply that as I 17 told you yesterday. 18 question or you need me to restate it or 19 rephrase it or you can't get context because I'm 20 moving around, please tell me and I will help 21 get you some context. 22 If you don't understand my I want to make sure you understand my 23 question. Is that okay? 24 A. Yes. 25 Q. All right. Did you review any documents Page 286 1 last night related to this case? 2 A. No. 3 Q. Did you talk to anyone last night other 4 than your Counsel about your deposition? 5 A. Yes. 6 Q. Did you -- what did you discuss with 7 I talked to several people. them? 8 A. The whole thing. 9 Q. So, just what had happened? 10 A. Yes. 11 Q. The question -- some of the questions 12 you were asked? 13 A. Yes. 14 Q. Some of the answers you gave? 15 A. Yes. 16 Q. And I am sure you couldn't remember 17 everything? 18 A. No. 19 Q. But what you remembered, you talked to 20 them about? 21 A. Right. 22 Q. Okay. I vented. Did any individual tell you 23 anything that you should have said or should 24 have said differently? 25 A. No. Page 287 1 2 Q. So, just a matter of you talking to family or friends and, as you said, venting? 3 A. Exactly. 4 Q. Okay. All right. So, let's move 5 forward with where we were. And I am going to 6 move back to just a few general questions about 7 your regular schedule. 8 Your normal schedule, when you were not 9 on a turnaround, I know that you have described 10 you were 7a to 3:30 p.m.; is that correct? 11 A. On a normal schedule. 12 Q. And did you work Monday through Friday? 13 A. Yes. 14 Q. Did you have to on occasion work 15 overtime, even on your normal schedule? 16 A. Frequently. 17 Q. And is that -- would you be held over at 18 the end of your schedule? 19 A. Exactly. 20 Q. Were you ever called out? 21 A. Yes. 22 Q. And you were paid the minimum callout 23 pay or however long you were called out? 24 A. Right. 25 Q. So, you never had any complaints that Page 288 1 you were improperly called out or improperly 2 paid for callouts? 3 A. No. 4 Q. And you never had any complaints that 5 you were forced to work overtime improperly? 6 A. No. 7 Q. Did you volunteer for overtime? 8 A. Yes, I did. 9 Q. You said earlier you wanted overtime? 10 A. Somewhat, yes. 11 Q. Overtime means more money? 12 A. Right. 13 Q. Okay. 14 Did you -- you mentioned that you worked -- that there were 30 Motiva machinists. 15 A. Approximately. 16 Q. About. 17 machinists? 18 A. No. 19 Q. So, was there a certain group that you 20 Did you work with all of those worked with? 21 A. Yes. 22 Q. Who was in that group that you regularly 23 worked with? 24 your regular workgroup. 25 A. Not on the turnaround, but just It consisted of guys mainly of lesser Page 289 1 seniority. 2 Q. Do you remember their names? 3 A. No, not to -- Reevus. 4 Gerard. 5 Robert Reevus, name. 6 I can't think of the Gerard's last It has been so long. I can't think of 7 names. 8 can look at the list -- that list and see. 9 But if you put a list in front of me, I But they were the guys that -- that they 10 were mainly less senior, less experienced, less 11 knowledgeable. 12 forced to work overtime. 13 14 Q. Because the senior guys weren't So, this is -- you are talking about when you were working overtime? 15 A. Right. 16 Q. Did you have -- how did it work -- did 17 you have a partner that you were assigned to 18 regularly, not on the turnaround, or did you 19 work independently? 20 A. Because of the structure of the 21 workload, anybody could be my partner. 22 number of those guys could be my work partner. 23 But the senior guys paired off with one guy 24 specifically. 25 Q. Any Did the senior guys pair off with Page 290 1 someone less senior? 2 A. No. 3 Q. Not necessarily that way? 4 A. They paired off with who they wanted to. 5 Q. Did you have someone who you typically 6 paired off with? 7 A. No. 8 Q. Did you -- you -- you mentioned that you 9 knew Ivory -- I'm sorry. 10 last name -- Ivory Brown. 11 him well? 12 A. I -- I worked with him on occasions. 13 Q. Did you work well with him? 14 A. Yes. 15 Q. Did he ever do or say anything to you 16 I'm forgetting his But you didn't know that you considered discriminatory? 17 A. No. 18 Q. How did you get your work assignments? 19 A. They were handed out in the morning 20 immediately after a brief meeting. 21 Safety meeting, safety huddle. 22 Q. Who would hand them out? 23 A. To me, Clay Threadgill. 24 Q. Can we agree that work assignments were 25 determined by Management employees or Staff Page 291 1 employees? 2 A. Yes. 3 Q. So, the Union did not play a role in 4 making work assignments, did they? 5 A. Not visually, no. 6 Q. You don't have any evidence that any 7 Union officer ever decided who would get a 8 particular work assignment, do you? 9 A. I don't have proof of it, but -- no. 10 Q. Okay. 11 12 13 All right. Was the Union steward in your work area? A. They didn't have one directly, but Steve Hernandez was -- was a part of that group. 14 Q. I -- 15 A. I don't know. 16 around. 17 Q. He moved there. 18 I don't know. He had different responsibilities in At one -- I -- I'm sorry. I can't 19 remember if you said this or if I read it. 20 if I ask you if you said and you don't remember 21 saying it, correct me. 22 23 So Did you say, at one point, that you thought Steve Hernandez was a trustee? 24 A. Yes, at one time. 25 position. That is an elected Page 292 1 2 Q. Do you know what trustees in the Union do specifically? 3 A. No. 4 Q. You also said, at one point, you thought 5 he was a steward? 6 A. Right. 7 Q. Do you know what stewards do? 8 A. Yes. 9 Q. Tell me what a steward does. 10 A. Sit in on meetings representing the 11 12 13 employees, gathering the facts, stuff like that. Q. Had you ever talked to Steve Hernandez about issues in your workplace? 14 A. Yes. 15 Q. When did you do that? 16 A. Steve Hernandez worked with me for 17 several -- all the -- the entire time I was 18 there. 19 Motiva at the same time. 20 He and I took that lateral move to He wasn't on that list I noticed the 21 other day. Yesterday when you all showed it to 22 me as an -- he -- he -- he had -- he had ears to 23 hear what was going on. 24 was happening, but he was helpless to do 25 anything about it. And he understood what Page 293 1 Q. Why do you say he was helpless? 2 A. He is just like Bill LeBoeuf in the 3 investigation when he said, "I saw him wrapped 4 up in that truck at 3:30 a.m., but I didn't want 5 to get involved." 6 Q. So, that is what Mr. LeBoeuf said? 7 A. That is right. 8 everything felt. 9 involved. 10 Q. And that is how 11 They didn't want to get Did Mr. Hernandez tell you that he didn't want to get involved? 12 A. His action told me. 13 Q. So, you -- 14 A. He took no action. 15 Q. So, you made that conclusion from what 16 17 you saw him fail to do? A. 18 I made. 19 No. I saw him. It wasn't a conclusion behalf. 20 21 22 Q. He did not take any actions in my Well, he did call you on the phone when you were wrapped to check on you. A. Because Marty Poche told him. They -- 23 they -- they order -- they can only do what is 24 they are told to do. 25 Q. Okay. So when the phone -- you said Page 294 1 your phone vibrated and you knew. 2 find out that it was Mr. Hernandez? 3 4 5 6 Did you later A. I knew it immediately once I looked at Q. Okay. it. So when you looked at it, his name was on your phone? 7 A. It -- it -- right. 8 Q. Did you answer the phone? 9 A. Yes, I did. 10 Q. Tell me what you said to him and what he 11 12 13 I had to. said to you. A. I couldn't say nothing. I was just coming up out of a coma. 14 Q. Okay. And so what did he say to you? 15 A. He said, "Marty said clean that mess up 16 before somebody takes a picture of it. 17 up now before somebody takes a picture of it." 18 Q. All right. Clean it And we will get back to that 19 interaction between you and Mr. Poche in a 20 minute. 21 A. 22 that truck. 23 -- from a distance and from a phone call not 24 knowing if I was dead or alive in there. 25 They both came and saw me wrapped up in And they didn't approach it. They That is the Union that I paid dues to Page 295 1 every month for that type of protection and they 2 did nothing. 3 Q. So, you said -- 4 A. This reoccurring nightmare is going to 5 stop today. 6 Q. 7 Somebody has going to learn. Sir, I'm just going to ask you questions -- 8 A. Go ahead with the questions -- 9 Q. -- and ask -- 10 A. -- ma'am. Because you are the first 11 person I heard from once I filed that complaint 12 in protection of the Company and the Union and 13 all the other defendants. 14 I just remembered who you were when I 15 left here. 16 and defended them. 17 for protection, and you, the Union lawyer, are 18 defending -- defender of the Union and everybody 19 else. 20 21 22 23 24 25 You are the first one to popped up I paid dues to that Union I didn't realize who you were until I left here yesterday. Q. I've always told you that I'm the attorney for the Union, haven't I, sir? A. That is right. And you are the number one person to pop their head up and defend this Page 296 1 whole lawsuit. 2 Q. You filed this lawsuit? 3 A. I filed it. 4 Q. Okay. 5 Do you understand that the Union is going to defend the lawsuit? 6 A. They got to because -- listen -- 7 Q. Okay. 8 A. But I paid dues. They should have been 9 defending me the whole time instead of silencing 10 me and making sure -- my case was never heard on 11 the first level. 12 They silenced me. 13 this meeting. 14 "Don't say nothing in Let's talk about attendance and go on." 15 Q. Are you ready to answer my questions? 16 A. Absolutely. 17 Q. Okay. So you said that -- I want to go 18 back to the incident where you were hit -- hit 19 with the -- with the crane box. 20 your testimony yesterday about that incident? Do you recall 21 A. Every bit of it. 22 Q. You said -- 23 A. I recall it often. 24 Q. Sir, I'm going to need you to answer my 25 questions. Page 297 1 A. Okay. Okay. 2 Q. You said yesterday that you talked to a 3 contractor after it happened. 4 distance, he said that he saw what was happening 5 and that he thought it was intentional. 6 7 A. You said from a That contractor made one statement, "I will be your witness, if you need one." 8 Q. Okay. 9 A. And I didn't say anything back to him. 10 I couldn't. 11 Q. All right. 12 A. I'm dazed and walking out of the shop at 13 14 15 that time when I heard that. Q. Do you remember what that contractor looked like? 16 A. He was a younger guy working for Sulzer. 17 Q. Was he -- do you remember whether he was 18 Caucasian or -- 19 A. He -- 20 Q. -- African-American? 21 A. Everybody on that shift except for me 22 23 24 25 were Caucasian. Q. All right. Do you remember was he heavy-set or thin? A. I didn't even get a good look at him. Page 298 1 Thin. Kind of slender guy. 2 know. 3 been hit -- vision and everything was blurred. 4 I really don't know. I don't Q. At that time, I Do you -- do I understand right that 5 that is the only time that he said anything to 6 you? 7 A. I think the next day he wanted to know 8 did I -- "Were you -- were you wrapped in that 9 truck?" 10 Q. Okay. But I am talking about getting 11 hit in the head. 12 same day? 13 A. Did he talk to you later that He didn't say a word about that. 14 this was in passing and from of distance. 15 All of Hollering almost. 16 Q. All right. 17 A. I didn't have a direct conversation with 18 that guy. 19 Q. So -- but you said you -- did you talk 20 -- did you -- he said two things to you. First, 21 "I will be your witness," and then later, he 22 hollered something to you from a distance? 23 A. Yes. 24 Q. Was it the same man? 25 A. It -- it -- it may have been the same Page 299 1 man. I -- like I said, when I got hit, 2 everything stopped. 3 hearing was off. 4 My vision was blurred. My I -- my thing was just get to the safe 5 spot out of harm's way because nobody there was 6 going to help me or protect me. 7 Q. I don't know if you were asked 8 yesterday. 9 else in the shop who was a Motiva or a Shell Do you remember if there was anybody 10 employee? 11 A. I can't remember. 12 Q. Do you remember if Marty Poche was in 13 No, I don't know. the shop when that -- 14 A. Definitely -- 15 Q. -- happened? 16 A. -- not. 17 Q. "Not" you said? 18 A. Yes. 19 Q. Okay. 20 A. That was 11:30 at night. 21 22 Marty Poche don't come to work until at 5:30 in the morning. Q. So if in -- if in one of your complaints 23 it alleges that Marty Poche was there and 24 witnessed the incident, that is incorrect? 25 A. That is absolutely incorrect, and I Page 300 1 2 3 never said it. Q. Did you -- do you -- did you review the complaints before they were filed, sir? 4 A. No. 5 Q. Okay. Now, you said that the reason the 6 Sulzer employees were there is because they were 7 waiting for some of that equipment? 8 A. Yes. 9 Q. To be able to perform the tasks they 10 were being asked to perform? 11 A. That -- that is right. 12 Q. So, did the Sulzer employees stay in 13 that area throughout the day or where -- 14 A. No. 15 Q. -- did they go? 16 A. No. They went -- they were -- they were 17 -- they went to the -- the compressor they was 18 rebuilding. 19 Q. And -- and did they have -- were they -- 20 did they have occasions to come back to the 21 shop, if you know? 22 A. 23 needed to. 24 Q. 25 They had occasions to come back if All right. So, were they sort of centered out of the same shop that you all were Page 301 1 for purposes of performing that project? 2 A. 3 parts. 4 Q. 5 6 No. They just were there to pick up And so if they needed to pick up other parts, they would come back to that same shop? A. That is right. And immediately after 7 this turnaround, they put signs in that shop, 8 all over that shop, "no contractors allowed." 9 10 11 Q. And then the contractors had to use the contractor tent? A. What -- whatever they brought with them. 12 That was the only shelter they had. They made 13 sure that they didn't have access to that 14 central shop anymore after those incidents 15 happened. 16 Q. Well, do you know, sir, if that has long 17 been an issue between -- a Union/Management 18 issue that contractors not be in the shops used 19 by Bargaining Unit employees? 20 A. Look, that was never enforced. 21 Contractors are in there all the time until that 22 happened. 23 Q. So, you are saying that the reason 24 contractors were moved out of our Bargaining 25 Unit facility shops and into contractor tents Page 302 1 was because of this incident? 2 A. That is right. It was -- 3 Q. Okay. 4 A. It was enforced. Because they -- 5 because they were a good witness. 6 witness, and it was about six to 12 guys 7 standing there. 8 9 Q. They did When you met with Management, did you tell them -- to tell them about what had 10 happened and you getting hit in the head, did 11 you tell them that those contractors had been 12 present? 13 A. 14 officials. 15 Q. Okay. 16 A. "Don't say nothing." 17 18 Look, I was silenced by your Union I understand. Now is my time to talk. Q. You said that when you were wrapped in 19 the vehicle, you couldn't distinguish time, that 20 five hours seemed -- 21 A. That is -- 22 Q. -- like five minutes? 23 A. That -- after -- after the fact, that 24 25 five hours was like five minutes. Q. Okay. So after the incident happened Page 303 1 and you got the phone call -- and you got the 2 phone call from Mr. Hernandez, you got out of 3 the vehicle and you cleaned the vehicle; is that 4 correct? 5 A. As best I could. 6 Q. And then you went into the shop? 7 A. Yes. 8 Q. And when you went into the shop, you had 9 a conversation. Mr. Poche was there? 10 A. Exactly. 11 Q. And you had a conversation with him? 12 A. Yes. 13 Q. And he told you that even before he got 14 there that day, he had received five complaints 15 about you; is that correct? 16 A. 17 had that. 18 Q. Can you -- 19 A. He told that lie, but it wasn't true. 20 Q. Okay. 21 A. You ain't got five different people on 22 that crew. 23 complaints? 24 Q. 25 He should have came right to me, if he He told -- How could it be five different So, you don't agree that that happened. But he did tell you that -- Page 304 1 A. He did -- 2 Q. -- happened? 3 A. -- tell me that. And while I was trying 4 to explain to him I got hit in the head, he was 5 ignoring my plea for help. 6 Q. Did you ask him to file a grievance? 7 A. Listen, he saw me wrapped in the truck. 8 Why should I have to ask him anything? 9 Q. 10 him to -- 11 A. I asked -- 12 Q. -- file a -- 13 A. -- him for -- 14 Q. -- grievance? 15 A. -- help. 16 Q. What did you specifically ask him to do 17 18 19 20 Can you answer my question? Did you ask for you? A. I said, "Listen" -- and then Pat Meche showed up right away. I said, "Listen. One of three of these 21 guys hit me with that crane." 22 at that time, I was thinking it was Pat Meche. 23 And I thought -- But if he couldn't see that was the 24 grievance -- that was the complaint right there. 25 And he saw it himself and didn't -- he chose to Page 305 1 do nothing about it. 2 Ignored it. I should have been brought to medical or 3 somewhere after I told him I had a head -- I -- 4 I had been -- had a blow upside the head with 5 that crane. 6 Q. 7 You are -- and I want to be sure I understand. 8 9 So, I will ask you again. You didn't ask him to file a grievance for you? 10 MS. HUNT: 11 Objection. 12 Asked and answered. MS. RICHARD-SPENCER: 13 It was not answered. He has never 14 answered the question. 15 EXAMINATION BY MS. RICHARD-SPENCER: 16 Q. 17 grievance? 18 A. 19 You did not ask him to file the In those exact words -- he saw me in pain and agony. 20 Q. 21 you -- 22 A. What more can I do? 23 24 25 I need you to answer my question. Did I -- how can I -- what -- what -- I need -MS. RICHARD-SPENCER: Can you ask him -- Page 306 1 THE WITNESS: 2 -- to put it in writing? 3 MS. HUNT: 4 He said he asked for help. 5 MS. RICHARD-SPENCER: 6 That is -- 7 THE WITNESS: 8 That is right. 9 MS. RICHARD-SPENCER: 10 -- not -- 11 MS. HUNT: 12 He didn't use those words, but he -- 13 MS. RICHARD-SPENCER: 14 It is not the same thing. 15 MS. HUNT: 16 -- asked for help. 17 MS. RICHARD-SPENCER: 18 19 And I'm -- and I need to clarify. EXAMINATION BY MS. RICHARD-SPENCER: 20 Q. Did you ask him to file a grievance? 21 A. What -- I mean, what -- yeah, I -- he -- 22 23 he knew I was in -- in destitute. Q. You still haven't answered my question, 24 so we will try it a different way. 25 did you ask him to do for you? What -- what Page 307 1 A. I needed protection against the 2 harassment. 3 Q. I know that is what you needed. Did you 4 say to Mr. Poche, "I need protection against 5 harassment"? 6 A. Look, I'm just right out of a -- a -- in 7 and out of consciousness. What do you think -- 8 I don't know what I asked him. 9 what I didn't ask him. I don't know 10 Q. I understand that. 11 A. He saw the distress and ignored it. 12 Q. Did Mr. Poche tell you that if 13 Management had come upon you in that truck, they 14 would have fired you because they would have 15 thought you were sleeping on the job? 16 A. That is speculation. 17 Q. No. 18 A. With shaving -- 19 Q. -- that? 20 A. -- cream all over there and all that? I am asking: They don't know. Did he tell you -- 21 They -- they -- they looked at -- they should 22 have looked at that as, "Hey, something silly is 23 going on here." 24 25 Q. I understand that is how you feel. My question is: What did Mr. Poche say Page 308 1 2 3 4 5 to you? A. Did he say -I don't remember exactly what he said. It didn't matter at that time. Q. Did you ask anyone to take you to Medical? 6 A. At that time, Medical wasn't even open. 7 Q. Can you answer my question? 8 A. No. 9 Q. Did you ask -- 10 A. No. 11 Q. Did you ask anyone to take you to the 12 hospital? 13 A. No, I did not. 14 Q. Did you ask anyone to take you to an 15 16 17 18 I couldn't. Urgent Care facility? A. And that -- at that state, I didn't -- I wasn't even thinking properly. Q. All right. So, at some point in this 19 process -- and I am not sure when, and so I 20 would like you to help me figure that out -- you 21 went and talked to Armond Thomatis about what 22 was happening, about the fact that they were -- 23 that they were playing pranks on you? 24 A. I did not go. 25 Thomatis. I did not seek out Armond He just happened to be there on a Page 309 1 2 3 four-hour callout one night as an electrician. Q. Do you remember when that was in relation to the things -- 4 A. That was -- 5 Q. -- that happened? 6 A. -- before all this stuff happened. They 7 had ample time to stop playing. 8 every -- all five of them and told them, "This 9 man don't want to play. 10 Q. All right. 12 A. It is over with: 13 continued. 14 Q. You all stop playing with him." 11 He went to 15 And he -- he So, let's back up. I want to talk about your conversation with Mr. Thomatis. 16 17 So what -- You said he was on a four-hour callout, and you just sort of happened to see him? 18 A. Exactly. 19 Q. And so did you and he have a 20 conversation? 21 A. Yes. 22 Q. Tell me, as best you can remember, what 23 24 25 you and he discussed. A. hazing. The harassment. The -- the -- the The -- the treatment. The Page 310 1 mistreatment. 2 Q. So -- 3 A. And the games they were playing. 4 Q. So, you said it was before -- I just 5 want to be sure. You said it was before the 6 crane incident and the wrapping of the Saran 7 wrap? 8 A. That is right. 9 Q. And it was before Mr. Louque touched you 10 on the butt, is that correct, or put the antenna 11 in your butt area, is that correct? 12 A. It was -- 13 Q. Was it before all of that happened, sir? 14 A. It was before every bit of it. 15 Q. Okay. 16 So, do you need to take a break, sir? 17 A. No. 18 Q. Okay. So, you had the conversation with 19 Mr. Thomatis and you described for him things 20 that were happening. 21 Are those the other things that you have 22 described, like your heel being missing off of 23 your boot, your -- 24 A. It is a lot of things. 25 Q. -- goggles -- Page 311 1 A. I can't -- 2 Q. -- and -- 3 A. -- even remember. It was so much. It 4 was piling up, and that should have put a stop 5 to it right then. 6 official that talked to all of those guys. 7 Q. And there was a Union So, let's back up. 8 So, you made the -- you made -- raised 9 the issue with Mr. Thomatis, and you asked him 10 to do something, to go and try to stop the 11 behavior? 12 A. That is right. 13 Q. Okay. 14 A. -- of it. 15 Q. So, Mr. Thomatis, you said, went and 16 He was aware -- He was made aware of it. talked to the men? 17 A. That is right. 18 Q. How do you -- 19 A. Each and every one. 20 Q. -- know that that happened? 21 22 you he did it? A. He -- Did he tell Or -- He came back to me and reported to me 23 saying that "All is going to stop, man. 24 be better now. 25 problem anymore." It will You -- you won't have that Page 312 1 Q. All right. 2 A. And it got worse. 3 Q. So, he came back and told you, "I talked 4 to them"? 5 A. Right. 6 Q. Did he tell you who he talked to? 7 A. All five of them: George, David, Matt, 8 Pat Meche. 9 Q. All of them. All right. So, those are the ones you 10 can remember that he told you he specifically 11 talked to? 12 A. Right. 13 Q. And he told you that -- did he tell you 14 15 what he told them? A. He told -- he say he told them, "The man 16 don't want to play. 17 him." That is what he told me he -- he told 18 them. One of the things. 19 Q. You all stop playing with Did you think that Mr. Thomatis was 20 sincere in trying to stop them from -- and to 21 use the word he used -- playing with you? 22 A. As best as possible. He happened to be 23 an African -- he happened to be an 24 African-American. 25 to him. They wasn't going to listen Page 313 1 Q. And so when Mr. Thomatis came back to 2 you and reported this, you were -- were you 3 hopeful that it would improve? 4 A. 5 worse. 6 Q. 7 8 I kind of knew it wasn't, but it got All right. Did you ever reach out to try to talk to Mr. Thomatis again? A. No. There is no way. I am working 7:00 9 to 7:00 a.m. Them people don't go to work until 10 7:00 to 3:30. 11 time they get to work, I'm leaving. 12 of that, I couldn't -- and nothing could be 13 followed up on. It is over -- you know, by the That -- all 14 Q. Did you ever try to call Mr. Thomatis? 15 A. I don't have -- I didn't have their 16 numbers and stuff. 17 -- I never spoke to him over the phone, really. 18 19 Q. And I didn't talk to him on Did you ever go -- try to go to the -- did you know that the Union had a website? 20 A. No. 21 Q. And so you didn't ever attempt to go 22 23 there to try to communicate with Mr. Thomatis? A. No. I don't -- and I never heard 24 anybody talk about speaking to the Union on a 25 website. Page 314 1 Q. Did you -- and you are saying you didn't 2 have Mr. Thomatis' phone number, so you couldn't 3 -- you didn't -- 4 A. Absolutely -- 5 Q. -- know how to reach him? 6 A. -- not. 7 Q. So, I want to understand. From that 8 conversation with Mr. Thomatis, are you saying 9 you don't ever remember talking to him again? 10 A. Never. 11 Q. So even when you were out of work, you 12 don't have any recollection of -- 13 A. Never. 14 Q. -- speaking to him? 15 Now, I know that yesterday you were very 16 emphatic that you don't ever have any -- you 17 have no recollection of ever sleeping on the 18 job. 19 Do you ever recall Mr. Poche, before any 20 of this happened, coming to you and telling you 21 that your co-workers were complaining to him 22 that you were sleeping on the job? 23 A. No. 24 Q. Do you have any recollection of Mr. 25 Poche coming to you before any of this stuff Page 315 1 happened and telling you that your -- whether it 2 was true or not that, your co-employees were 3 saying that you would disappear? 4 A. No. 5 Q. So, you have no recollection of any of 6 those conversations if they occurred? 7 A. No. 8 Q. All right. 9 10 Let's talk about the communications or the times when you went in with the Company. 11 Do you remember that there were -- that 12 there were multiple meetings that you attended 13 with Management in the mid part of November? 14 A. I don't remember that. 15 Q. All right. 16 Well, let's try to go through individually. 17 Do you remember that there was a meeting 18 that you had with Mr. Munce and Mr. Dufrene 19 where it was just you and the two of them, no 20 Union representative was present? 21 A. Never happened. 22 Q. You don't remember that meeting? 23 A. That never happened. 24 Q. All right. 25 So, you don't have a recollection of having that -- Page 316 1 A. As far -- 2 Q. -- meeting? 3 A. As far as I'm concerned, it never 4 happened. 5 Q. Okay. Do you recall if you had a 6 meeting with Management where they called you in 7 and Mr. Ledet was present with you and Mary 8 Snyder was present, the HR representative? 9 A. I don't recall. 10 Q. All right. Do you remember that there 11 was a meeting that you had with Management where 12 you were -- where you raised the things that 13 were happening, and you outlined what had 14 happened to you and what you had experienced? 15 A. About these things that happened in 16 November? 17 Q. Yes. 18 A. No, it never happened. 19 Q. Okay. So if Mr. Ledet has notes from 20 meetings that he attended with you where you 21 outlined the incident involving the crane box, 22 the incident involving the Saran wrap, the 23 incident involving Mr. Louque, you are -- you 24 don't recall that happening, that meeting? 25 A. No. Page 317 1 Q. Now, you have testified -- 2 A. Do you -- do you know what date that 3 4 was? Q. Yes. November the 14th. Does that 5 sound right to you, that you would have had a 6 meeting on November the 14th? 7 work. 8 9 10 You were not at You came in to attend this meeting in HR. A. I must have been heavily medicated if that happened. Q. And -- and you did tell us that that was 11 a particularly difficult time for you. And I 12 know that you have said already that your recall 13 is -- that is some difficulty for you, is 14 recall. 15 If Mr. Ledet has notes that reflect what 16 was said, do you have any reason to believe that 17 you wouldn't have attended that meeting? 18 MS. HUNT: 19 20 Objection. Calls for speculation and he -- 21 MS. RICHARD-SPENCER: 22 23 24 25 Asked and answered. I will try it a different way. EXAMINATION BY MS. RICHARD-SPENCER: Q. Do you remember if -- can you even remember if you attended more than one meeting Page 318 1 in November? 2 A. More than one? 3 Q. With -- with Management. 4 A. It depends on who you considered 5 Management. 6 had a meeting with George Kestler and Perry 7 Munce. 8 Q. Okay. 9 A. And that wasn't a meeting. 10 Q. -- meeting? 11 A. That was a tongue-lashing. 12 Q. All right. 13 A. And I -- and I had a meeting with David I had a meeting with -- I know I So, you had that -- 14 Naquin and Brandon Dufrene. 15 only two meetings I recall. 16 17 Q. Okay. And those are the And in those meetings was Mr. Ledet present? 18 A. Neither one of them. 19 Q. To your recollection, in neither of 20 them? 21 A. I know he wasn't there. 22 Q. Okay. Now, do you remember having any 23 meetings after that where Human Resources was 24 present? 25 A. Not after that at all because I -- it Page 319 1 couldn't have been because I didn't even show 2 back up until February the 29th. 3 Q. Do you recall that on February the 29th 4 when you returned to work, you were told by the 5 Union represent -- you were met by the Union 6 representative when you were brought to the 7 front office? 8 A. Exactly. 9 Q. And he met you outside, Mr. Ledet? 10 A. Right. 11 Q. And did he tell you that he anticipated 12 13 I remember that. that the Company was going to discipline you? A. He didn't say anything about discipline 14 and all of that about anything. 15 stressed one time -- one thing and one thing 16 only, "Now is not the time to -- to fight. 17 Don't say nothing." 18 Q. He said -- he Did he say to you, "We are not going to 19 say anything in this meeting at all. 20 We are just going to listen"? 21 A. He told me, "Don't say nothing." 22 Q. Now, you -- 23 A. "Now, is not the time to fight." And 24 that is all that little 30-second meeting, you 25 are calling a meeting, was about. Page 320 1 2 3 Q. So, you did speak in that meeting despite what he told you? A. I spoke about attendance. What they 4 brought up, I tried to answer their questions as 5 best as possible. 6 Q. You also told them in that meeting, 7 didn't you -- do you remember that you had these 8 concerns, some of the same ones you have 9 expressed yesterday, that you were afraid to go 10 back to work, that you thought somebody might 11 try to hurt you? 12 meeting, do you remember that? 13 14 15 A. You said that during that Oh, I said that. I remember saying that. Q. And you told them that you had concerns 16 about the fact that your co-worker -- no one in 17 the shop had talked to you that day. 18 A. Exactly. 19 Q. So you spoke during that meeting about a 20 21 number of issues. A. And -- yes, but never nothing -- and the 22 -- and the meeting began where we are not going 23 to discuss anything about those events that 24 happened in November. 25 Q. Isn't one of the first things they said Page 321 1 to you in that meeting, "We investigated the 2 complaints that you have made and we have taken 3 action against parties"? 4 A. I don't remember saying that. 5 Q. All right. Do you remember at the end 6 of that meeting you were not disciplined; is 7 that correct? 8 A. No. 9 Q. So, you were never disciplined related 10 to any of these events; is that correct? 11 A. They -- they -- they spoke -- they -- 12 the investigation talked about being 13 disciplined, but it never -- I never received 14 it. 15 16 Q. That is exactly what I was trying to ask you. 17 I know you have seen the investigation 18 report. And it says that you got a written 19 reminder, but you never actually got that? 20 A. No. 21 Q. Okay. 22 A. When I was taken to the front office by 23 Brandon Dufrene, I was -- I was under the 24 impression that I was -- because my doctor had 25 asked that I be transferred out of that hostile Page 322 1 work environment. 2 And I was under the impression that they 3 were going to give me a transfer in that 4 meeting. But, instead, I got a tongue-lashing. 5 And you put me back in the same 6 environment, just a different supervisor, Ivory 7 Brown, and -- and showing the racist epithet and 8 -- and the discrimination and the -- and that 9 was going to make it better. 10 Q. And that -- 11 A. But I was expecting a -- a transfer out 12 of that shop completely. 13 Q. In that meeting, did you ask them for -- 14 A. That is what I expected -- 15 Q. -- a transfer? 16 A. -- when I was going there. That -- that 17 -- I -- listen, I didn't say anything because 18 they -- 19 Q. Okay. 20 A. They had all the cards. I was told, 21 "Don't say nothing." 22 the matter, as far I am concerned. 23 Q. I didn't have a voice in Who -- do you remember who spoke for the 24 Company in that meeting, in that February 25 meeting? Page 323 1 A. I don't -- I don't remember. It might 2 have been Cavalier or Steve France, one of them 3 two. 4 Mary Snyder didn't say very much of anything. 5 6 I don't remember. Q. Okay. It was a male figure. So, one of the men from Human Resources spoke? 7 A. Right. 8 Q. Okay. 9 Did you know that the Company had a hotline where you could complain to someone at 10 Corporate office and go over the heads of 11 everyone in Norco? 12 A. At the time, I'm getting busted upside 13 the head. 14 hotline? You think I'm thinking about a 15 Q. That -- I -- I understand. 16 A. I know at no -- at no time did that even 17 cross my mind. 18 orientation, but it never crossed my mind or 19 came up ever again. 20 21 Q. I -- I remembered that from So, let me make sure I understand. knew about it at some point, but -- 22 A. At some point -- 23 Q. -- you didn't think about it at -- 24 A. -- but in the -- 25 Q. -- the time? You Page 324 1 2 A. -- in the heat of the moment, I would -- I didn't even think about it. 3 Q. Okay. 4 A. Even the site supervisor, I didn't think 5 about them. 6 Q. Now, at some point in time, you received 7 the notice from the Company that you were being 8 separated from the Company because you were 9 physically unable to return to work? 10 A. Yes, at some point in time. 11 Q. When that occurred, did you contact 12 13 anyone from the Union about that separation? A. No. I didn't have -- at that time, I 14 had disconnected all the phone numbers, changed 15 phones. 16 Q. I didn't have no contact there. So, you didn't -- you didn't speak to 17 Mr. Poche about the fact that you had been 18 separated? 19 A. No. 20 Q. Or Mr. Thomatis? 21 A. No. 22 Q. Or Mr. Ledet? 23 A. No, I did not. 24 Q. Okay. 25 Now, you have also sued the International Union, as part of this case. And Page 325 1 so I have a few questions for you about whether 2 you made any efforts to reach out to those 3 folks. 4 5 6 Did you ever attempt to contact the International Union in Pittsburgh? A. I have no idea how that -- that -- that 7 -- that Union operated in that place like an 8 entity owned by Shell. 9 Q. 10 didn't -- 11 A. And don't even -- 12 Q. -- contact -- 13 A. -- know how or where or what about no 14 So the answer is that, no, that you International -- no -- no location anywhere. 15 Q. 16 grievance? 17 A. No. 18 Q. Okay. 19 Do you know -- did you ever file a Did you ever know anyone or have a friend who filed a grievance? 20 A. No. 21 Q. So, you didn't understand exactly how 22 that process worked when a grievance was filed? 23 A. No. 24 Q. Do you know or have any evidence that 25 the International plays any role in grievance Page 326 1 2 3 4 filing? A. I don't know nothing about the International. Q. All right. And there is nobody that you 5 spoke to at the International who said that they 6 would do something for you and didn't? 7 8 9 A. I never -- no. I don't even know anything about the International. Q. And do you have any information that the 10 International even knew about what was happening 11 to you in your workplace? 12 A. 13 No. MS. HUNT: 14 Objection. 15 EXAMINATION BY MS. RICHARD-SPENCER: 16 Q. Calls for speculation. Do you know if the International 17 encouraged any of the activity that happened to 18 you? 19 A. They are doing a lot of encouragement if 20 they going to get you to represent them and 21 defend the Company and all the other defendants. 22 Q. 23 case, sir. 24 A. 25 I don't represent the Company in this Yeah. Oh, yeah, you did in that first answer you put -- Page 327 1 Q. Absolutely not. 2 A. -- in. 3 Q. I do not and have never represented 4 corporations. 5 A. Yes, you did. 6 Q. Okay. 7 A. You answered for all of them. 8 Q. Have you ever spoken to anyone from the 9 10 11 Fine. United Steel Workers International Union regarding any of the allegations in this case? A. 12 I don't know -MS. HUNT: 13 Objection. 14 Asked and -- THE WITNESS: 15 -- anything. 16 MS. HUNT: 17 -- answered. 18 MS. RICHARD-SPENCER: 19 20 21 Okay. All right. EXAMINATION BY MS. RICHARD-SPENCER: Q. Yesterday you described a conversation 22 that Mr. Mendel had in the shop before these 23 incidents happened that had something to do with 24 the sign that was in his neighborhood? 25 MS. HUNT: Page 328 1 2 Objection. clear about which incidence? 3 4 This was a hostile work environment that spread over a long period of time. 5 MS. RICHARD-SPENCER: 6 The -- 7 MR. MCGOEY: 8 It was 9 12 -- MS. RICHARD-SPENCER: 10 11 Counsel, can you be Okay. I will be clear. EXAMINATION BY MS. RICHARD-SPENCER: Q. Yesterday I think you testified that 13 there was a conversation that occurred in the 14 shop area that David Mendel participated in and 15 that that had happened before the incident with 16 the crane and all -- the three -- the three 17 incidents that followed: the crane, the Louque 18 incident and the Saran wrap incident. 19 And I'm just trying to get some 20 clarification about what you remember about that 21 conversation with Mr. Mendel. 22 And I may have misunderstood you, but I 23 thought you said he said something about there 24 being an offensive sign in his neighborhood or 25 in his city. Page 329 1 Do you remember that from yesterday? 2 I miss -- am I misremembering what you said? 3 A. You remember exactly what I said. 4 Q. Can -- 5 A. Am His exact words was the sign read, 6 "N-word, don't let the sun catch your black ass 7 still in town." 8 9 10 Q. And he -- and he said that he saw that in his neighborhood? A. It -- the -- he said it was just a few 11 days or a few years ago they have taken that 12 down, wherever community he live in. 13 but in that case, the N-word happened to be 14 Newton. 15 didn't want me on. But the -- And I was on the nightshift job that he 16 Q. Now, he didn't say that to you? 17 A. But that is paraphrasing -- 18 Q. Okay. 19 A. -- what was being said. 20 Q. That is how you interpreted what he did 21 22 23 24 25 to you? A. Well, he didn't do it. them standing there. Q. Okay. It was all of They made it clear. Tell me what the nature of the conversation was. What were they saying that Page 330 1 2 caused this to come up? A. I don't remember the details. I -- I 3 picked up that little moment there that -- that 4 I -- I was chastised for being on that 5 nightshift turnaround that was desirable by all 6 their friends. 7 8 Q. And did he -- did he tell you -- do you know what town it was that he was describing? 9 A. 10 whatever. 11 took that big old -- it was a big old billboard 12 sign. 13 Wherever he lived or grew up at or He said that just a few years they It wasn't a sign just in a neighborhood. 14 It was some kind of big sign that everybody -- 15 you had to leave before dark if you happened to 16 be a black man. 17 sending to me about that nightshift schedule 18 change. And that is the message he was 19 Q. Okay. 20 A. And that is when it first started, too. 21 Q. Okay. So, that is when you understood 22 -- that is the message you got from him -- from 23 him saying that was -- that you weren't welcome 24 during that nightshift? 25 A. Exactly. Page 331 1 Q. Okay. Now, you mentioned that you had 2 some ability to continue treatment because 3 doctor -- for some of your health conditions 4 because your doctors were able to give you 5 samples of prescriptions. 6 pretty accurate recollection from what you said 7 yesterday? 8 A. 9 10 That is what I -- I survived off when the Company -- when they dropped all the insurance, medical coverage and everything -- 11 Q. Okay. 12 A. -- paid medical. 13 14 Is that -- is that a And so -You know, I couldn't even pay for the prescriptions. Q. Okay. So when that happened, did your 15 doctors also give you medication to treat your 16 diabetic condition, sir? 17 A. Yes. 18 Q. So, you had -- so, the doctors were just 19 giving you that in order to make sure you 20 survived -- 21 A. Exactly. 22 Q. -- you had -- 23 A. That is when it turned into my mind 24 attempted murder when they -- they knew I was 25 sick and then cut everything off. Page 332 1 Q. And so during that time, your doctors 2 gave you your medication for like your heart 3 condition, hypertension, diabetes, those types 4 of medicines? 5 A. All of them. 6 Q. Were you able to continue taking the 7 medication for your -- for your diagnosis of 8 anxiety and -- 9 A. They didn't -- 10 Q. -- major depression? 11 A. They -- I got -- I happened to get 12 samples for that, too. 13 Q. So -- 14 A. But it wasn't the same medicine, and it 15 affected me. 16 -- you know, what I was able to buy with the 17 insurance. 18 Q. 19 20 21 22 It was different than what -- you In your mind, it wasn't as -- it didn't give you as good a result? A. It -- it -- it affected -- it was a setback. Q. Okay. When did you -- when were you 23 able to resume your regular medication? 24 that when you got on Obamacare? 25 A. Yes. Was Page 333 1 Q. Okay. 2 A. It was sporadic, though. 3 pay and sometimes they wouldn't. 4 pinpoint my income. 5 they wanted income verification. 6 Sometimes they even verify the zero. 7 I couldn't My income was zero. You are making something. And I couldn't You got money 8 from somewhere. 9 living off the proceeds from -- not the 10 11 12 Where -- you know, but I was proceeds, but the withdrawal from the 401(k). Q. And then in 2015, I know that you settled your workers' compensation case? 13 A. Right. 14 Q. So, did you live off of that money, as 15 well -- 16 A. Yes. 17 Q. -- sir? 18 A. I got relief then. 19 Q. And then in 2016, you received some 20 backpay from Social Security? 21 A. Yes. 22 Q. So, you were able -- then things were a 23 24 25 little easier; is that correct? A. It was a little easier, but it still wouldn't pay for everything because I needed -- Page 334 1 they gave me Part A and B. 2 You need C and D to get the medicine. 3 Q. Okay. 4 A. Drug and -- and co-pay and all that 5 stuff. 6 500 and something dollars a month. So, I needed a supplement. And that is 7 Q. So, you were buying that yourself -- 8 A. Right. 9 Q. -- then? 10 11 Okay. And then now you are receiving Social Security Disability? 12 A. Yes. 13 Q. Okay. All right. You had mentioned -- 14 or I am sorry. 15 with a list of doctors who you -- who have 16 treated you. 17 talked about, and I'm not going to ask you. 18 Your attorney has provided us Some of which you have already You may not recall what these doctors 19 treated you for, but I would like to go through 20 the list. 21 doctor, I would like you to tell me what they 22 treated you for. 23 24 25 And if you know or remember the Lance Bullock. Do you know a Lance Bullock? A. Yeah, he -- that is Behavior -- St. Page 335 1 James Behavior Health. 2 care facility there for about three months. 3 4 Q. I was in an outpatient So, he was the doctor that treated you when you were in that program? 5 A. Outpatient, yes. 6 Q. All right. 7 A. I don't know. 8 Q. I -- maybe at Optimal Health Clinic. 9 A. I don't remember them. 10 Q. That is fair. 11 What about Francis Adeboye? Where are they located? Richard Fredrick. 12 yesterday. 13 Fredrick? 14 A. He was mentioned Do you remember seeing a Dr. I saw Social Security's doctors. 15 of different people's doctors. 16 A lot one-time visits. 17 Q. They were only So, it is possible that that was one of 18 the doctors who evaluated you in either the comp 19 case or the Social Security case? 20 21 A. Right. And Shell sent me to a doctor, too -- to some doctors, too. 22 Q. 23 Zimmermann? 24 A. 25 What about a man named Dr. Marc That was a psychiatrist that did some testing in Baton Rouge. I -- I remember him. Page 336 1 2 3 4 Q. Was he a doctor you consulted or was he part of some of the other litigation? A. It was some of the other litigation pertaining to workmen's comp. 5 Q. Linda LeBourgeois? 6 A. She is a neurosurgeon in Baton Rouge 7 when I was suffering with bad headaches. 8 Q. Dr. Nowakowski? 9 A. That is the sleep apnea doctor. 10 Q. Okay. 11 A. I don't know him. 12 Q. Okay. 13 A. I don't know. 14 Q. Okay. 15 Dr. Rogers. John Rogers? And Larry Warner? All right. All right. Thank you. Yesterday when the Company 16 asked you about your responses to discovery that 17 you provided in this case, you indicated that 18 your recollection of how you did that was that 19 you gave verbal responses to your Counsel, and 20 then you never reviewed the written document 21 after you gave those verbal responses. 22 Is that a good description of what you 23 did, sir? 24 A. As far as I remember, yes. 25 Q. Is the same thing true with the document Page 337 1 -- the discovery that was sent to you from the 2 Union? 3 you give verbal answers to your lawyer, and then 4 not review the final documents? 5 6 7 8 9 10 A. Did you follow that same process? Did I didn't even know that there was two separate ones. Q. Okay. Do ever remember reviewing any responses to interrogatories on paper? A. Uh-uh. That -- that word is not even clear in my mind -- 11 Q. All right. 12 A. -- the meaning of it. 13 Q. And I will show you that document 14 because I'm not -- I don't want you to have to 15 guess. 16 17 18 Let me find it. MS. RICHARD-SPENCER: What number are we on? MR. McGOEY: 19 13 is next. 20 MS. RICHARD-SPENCER: 21 So I'm going to show you what I will 22 mark as number -- or Kay, can you mark it for me 23 as 13 and hand it to him? 24 25 THE WITNESS: (Reviewing document.) Page 338 1 EXAMINATION BY MS. RICHARD-SPENCER: 2 Q. Sir, my question is -- take your time 3 and review it. 4 ever seen this document before today? 5 A. And my question is: (Reviewing document.) Have you If I took my time 6 and -- and reviewed this. And to -- with 7 understanding with a purpose of being clear 8 about it, I would have to have it for a week. 9 It is too much legal -- legal language in here 10 that ain't -- there is no way I could 11 understand. 12 Q. So, let me ask: 13 this before? 14 not sure." 15 Do you remember seeing fair answer. 16 A. 17 Are you -- and an answer is "I am So if you are not sure, that is a Fair answer. MS. RICHARD-SPENCER: 18 Hello? Okay. Sorry I just wanted 19 to make sure no one from my office was wandering 20 in. 21 MR. PRICE: 22 23 Pardon me for being late, ladies and gentlemen. 24 MS. RICHARD-SPENCER: 25 That is okay. Page 339 1 EXAMINATION BY MS. RICHARD-SPENCER: 2 3 Q. Are you unsure if you have seen this before? 4 A. I am unsure. 5 Q. That is a fair answer. 6 Thank you, sir. When is the first time that you saw the 7 Company's investigation report related to all of 8 the incidents that you have raised in this case? 9 10 A. It was a -- a short while after and before I filed this federal lawsuit. 11 Q. Okay. 12 A. Short while before. Probably -- 13 probably a month before I filed this -- I filed 14 it. 15 MS. RICHARD-SPENCER: 16 Give me a moment. 17 through my notes. 18 I'm just going I may be close to being finished. 19 (Reviewing notes.) 20 I think I'm done. 21 minute. 22 make sure? 23 If I could have a Can we take a quick break and let me Is that acceptable? THE VIDEOGRAPHER: 24 This is the end of Tape 1. 25 We are now off the Record at 9:57. Page 340 1 (Off the Record.) 2 THE VIDEOGRAPHER: 3 This is beginning of Tape 2. 4 We are now back on the Record. 5 time is 10:14. 6 MS. RICHARD-SPENCER: 7 I don't have any further questions. 8 MR. McGOEY: 9 Can I go ahead and go now? 10 MS. HUNT: 11 12 13 The Uh-huh. EXAMINATION BY MR. McGOEY: Q. Mr. McNealy, I have just a few more. 14 So you mentioned this morning something 15 about Bill LeBoeuf and the Saran wrap incident. 16 And you said something about Bill LeBoeuf and 17 3:30 a.m.? 18 A. Exactly. 19 Q. Do you recall that -- 20 A. Yeah. 21 Q. -- testimony? 22 A. Yes. 23 Q. Where -- where did you get information 24 about that? 25 A. On that investigative report. Page 341 1 Q. Okay. 2 A. Motiva's, Shell's internal investigation 3 4 Which investigative -- report. Q. Okay. I am going to show you the 5 investigation report. 6 changing my mind. 7 8 No, you know what? I am We don't need to do that. That is where you -- that is where you think you saw that information? 9 A. Yes. 10 Q. Okay. At the end of the shift when the 11 Saran wrap incident happened, did you drive 12 yourself home that day? 13 A. Yes, I did. 14 Q. I am going to show you a document which 15 I'm marking as Exhibit 14. 16 2011 discipline notice regarding you being AWOL. 17 It is an April 12th, Take a look at it for a minute and then 18 we can talk about it. You let me know when you 19 are ready. 20 A. (Reviewing document.) 21 Q. So, it is my understanding that you Okay. 22 received this letter after you missed days of 23 work because of being arrested over the cattle 24 theft allegation; is that accurate? 25 A. That -- that appears to be accurate to Page 342 1 me. 2 Q. Okay. 3 A. April the 12th. 4 Q. So, we were talking yesterday about the 5 -- about the year when the cattle theft arrest 6 happened. 7 thought it might have been 2010. 8 9 And I think you testified that you And I asked you if it really hadn't been 2011. And you may not have been sure, but now 10 that you see this document, does that refresh 11 your recollection on when the cattle theft 12 arrest occurred? 13 A. If -- if the date is accurate on there. 14 Q. Well, let me -- let me try to help. 15 me show you a document I'm going to mark as 16 Exhibit 15. 17 Let news article. 18 It is a printout of a very brief It is titled Louisiana Man Arrested For 19 Stealing Cattle. 20 would, and please let me know when you finish 21 reading it. 22 A. 23 Take a look at that, if you (Reviewing document.) the -- those dates coincide. 24 Q. Okay. 25 A. '11. Yes. That has Page 343 1 2 3 4 Q. So, are you comfortable now that the cattle theft arrest was in 2011? A. I am pretty -- pretty comfortable with that. 5 MS. HUNT: 6 And objection. 7 speculation. 8 -- long after. 9 written right away. 10 It calls for MR. McGOEY: 11 This could have been written after The articles are not always Counsel, you -- that is an argument. 12 MS. HUNT: 13 Okay. 14 MR. McGOEY: 15 I mean, the witness has to do the 16 testifying. 17 EXAMINATION BY MR. McGOEY: 18 Q. 19 So, let me ask you again, Mr. McNealy. I mean, now that you have seen the AWOL 20 letter, which is Exhibit 14, and you have seen 21 this article, which is Exhibit 15, do you 22 believe that you were arrested for cattle theft 23 in 2011? 24 25 A. You know, I -- in 2011 was when the blow on the head and my perception of time has been Page 344 1 distorted since then. This is so vague to me. 2 A date could have been switched or dates could 3 have been switched. 4 it appears to be -- I wouldn't swear to it, but 5 Q. Okay. 6 A. -- accurate. 7 Q. All right. 8 A. But it could not be because I -- I 9 almost know it was in 2010. 10 Q. Okay. Let me -- 11 A. And it was two years, 24-months in the 12 file for that -- in that program. 13 I remember that. 14 Q. What program? 15 A. This absent with leave -- without leave. 16 17 18 19 20 21 22 The AW -- you know, this is -Q. Okay. All right. You are talking about a discipline program related to being AWOL? A. This is a -- this is the official notice for the discipline program. Q. And when you say "this," you are referring to Exhibit 14? 23 A. Right. 24 Q. Okay. 25 I am going to show you one more document, Exhibit 16. It is headed Crime Page 345 1 Reports: 2 Natchez Democrat (dot) com website. 3 May 23rd, 2011. It is from the I'm going to direct your attention to 4 the third page down at the bottom. You will see 5 a heading Adams County Justice Court Cases, Week 6 of May 13, dash, 19. Do you see that? 7 A. The second page. No, it is the third. 8 Q. Do you see that heading? 9 A. Yes. 10 Q. Do you see where it says Newton T. 11 McNealy charged with cattle theft, period, case 12 bound over to a grand jury, period? 13 A. Yes. 14 Q. Okay. 15 16 So, was your cattle theft case bound over to a grand jury? A. As far as I know, I just walked in there 17 and it -- it will -- it wasn't no case. 18 listen, the arrest and the cattle theft, I had 19 sold those cows in 2010. 20 And, How could I steal cows and it would be 21 10 months before somebody realize it after they 22 are missing and then charge -- with an arrest 23 charge? 24 25 That -- that ain't no cattle arrest. And cattle arrest ain't got a -- a damn thing to do with them sticking something up my Page 346 1 butt trying to take my manhood. 2 nothing to do with it. 3 This ain't got Way prior to that. It is about like that frivolous stuff 4 she talked about with Emerson yesterday that has 5 got me all upset. 6 with being molested at work. 7 cows I sold. That ain't got nothing to do Those were my own 8 Q. All I wanted to do -- 9 A. Why are you bringing that up in this 10 11 12 13 meeting? Q. Because I am trying to clarify the timeline, Mr. McNealy. A. You got a -- you -- the timeline is 14 already there in November of 2011. This -- this 15 is May. 16 You all are so guilty, it is a damn shame. 17 You can't change the fact. You going way back reaching for straw. They stuck 18 me in the ass and tried to take my manhood with 19 all witnesses right there. 20 about sick of it. 21 and it is coming back daily because of this -- 22 you all trying to defend some guilty people. 23 Please, man. 24 25 Q. And I am -- I'm This a reoccurring nightmare, Go on and get it over with. One last question. I am going to show you what I'm marking as Exhibit 17. Page 347 1 A. It better be pertaining to what we 2 talking about here today. 3 MS. HUNT: 4 5 6 McNealy, you need -- EXAMINATION BY MR. McGOEY: Q. It -- it is your fourth amended 7 complaint in this lawsuit, Mr. McNealy. 8 only -- 9 10 A. And my Good thing it is up to the -- up to the date. 11 Q. My only question is -- this was filed 12 11-10-2016. 13 question is: 14 filed? 15 A. This was filed last week. My only Did you read it before it was Listen, just like I'm refusing -- I 16 can't deal with this from yesterday to today. 17 don't read that paperwork. 18 responsibility to that attorney. 19 I give that Something that I didn't have throughout 20 my whole life, somebody to defend me. 21 God for her because he sent her to try to 22 protect me from this stuff. 23 I I thank This stuff will upset me for weeks on 24 end if I read everything that is -- that is 25 Emailed to me. Page 348 1 2 3 Q. All right. So, is it fair to say that -A. You -- it is fair to say whatever you 4 want to say because that is what you all are 5 doing. 6 was molested at work, too. 7 Q. It is fair -- it is fair to say that I And you are -- when you say that, you 8 are referring to the incident with Matt Louque 9 and the radio antenna? 10 A. I was raped at work. 11 Q. Is -- is that the Matt Louque incident 12 13 that you are talking about? A. Exactly. And you want to talk about did 14 it tear your underwear and all that kind of 15 stuff. 16 anything. 17 He could have had on rubber gloves or It was a plastic feeling object. 18 felt like his finger. 19 ain't no gay person. 20 ain't going to convert me and -- and recruit me 21 to be that. 22 23 24 25 And I am no punk. It I ain't no sissy. I And you MR. McGOEY: I don't have any further questions, Mr. McNealy. THE WITNESS: Page 349 1 I'm sick of this. 2 MS. HUNT: 3 McNealy, please. 4 THE WITNESS: 5 Oh, Lord. 6 MS. HUNT: 7 May I, Counsel? 8 MR. McGOEY: 9 Sure. 10 MS. RICHARD-SPENCER: 11 12 Do you need a break before you begin? 13 MS. HUNT: 14 15 16 Boy, I -- I just need to get it over with. EXAMINATION BY MS. HUNT: Q. Mr. McNealy, prior to the incidents that 17 happened in November, were you experiencing a 18 hostile work environment and other 19 discrimination? 20 21 22 23 24 25 MR. McGOEY: Object to the form of the question. MS. RICHARD-SPENCER: Same objection. THE WITNESS: It -- it was always continuous. Page 350 1 That is why they knew they could get away with 2 this. 3 EXAMINATION BY MS. HUNT: 4 Q. And you said it mainly -- yesterday you 5 testified that mainly it started after the 6 cattle incident? 7 A. That is when it got real aggressive. 8 Because they knew I was behind the eight-ball by 9 being in that absentee program. 10 11 They knew I couldn't miss any more work. Q. When you returned to work after, and 12 tried to return to work I think it was in 2012 13 in February and you were summoned to the 14 meeting, what did you think you were going to 15 the meeting to discuss? 16 A. I said that today. I was -- I thought I 17 was going there because the doctor -- my doctor 18 requested a transfer out of the hostile work 19 environment. 20 Dr. Ravengi Reddy trans -- asked for 21 that transfer in a medical cert form because he 22 knew what happened to me. 23 I was going there to receive a transfer to a 24 different site, shop location, anywhere but 25 right there to face the guys that did that. And I was -- thought Page 351 1 Q. Okay. 2 the truck? 3 A. Did any Union member see you in Like I stated before, Marty Poche and 4 Steve Hernandez walked up on the truck and 5 ignored it, went the other way and made a phone 6 call to try to alert me. 7 Q. After you told Mr. Thomatis about the 8 things that were going on on the job and he 9 confronted the perpetrators, you testified that 10 things got worse. 11 12 13 How did that make you feel about talking to the Union representatives? A. That was -- that was a -- that was an 14 object lesson that I learned from trying to get 15 help with any issues there through the Union. 16 It got worse. That is -- those three 17 major incidents happened after I spoke to Armond 18 Thomatis. 19 Q. So, it is safe to say you were afraid? 20 A. Absolutely. They escalated it. Because there is many ways 21 to die on that refinery. 22 factory. 23 Q. Okay. It is not an ice cream I want to bring your attention to 24 Exhibit 2 that we -- you looked at yesterday. 25 You can have a minute to review it. Page 352 1 A. (Reviewing document.) 2 Q. And I'm going to bring your attention to 3 this line here (indicating). 4 5 What is important about this line? stands out to you about this line (indicating)? 6 MR. McGOEY: 7 8 Counsel, can you identify for the Record what line you are talking about? 9 MS. HUNT: 10 11 What Under "explain the reason for the separation." 12 MS. RICHARD-SPENCER: 13 Okay. 14 MR. McGOEY: 15 Okay. 16 THE WITNESS: 17 18 That -- that line states that I was on nonoccupational disability. 19 MS. HUNT: 20 Okay. 21 22 EXAMINATION BY MS. HUNT: Q. And you testified yesterday that you -- 23 according to the letter that they showed you in 24 Exhibit 1, that there was a two-year period if 25 you were absent from work, and according to the Page 353 1 letter, that the policy would be that you would 2 be terminated. 3 Would that still be the same policy if 4 you were placed on an occupational disability 5 being injured on the job? 6 able to be fired within two years? 7 MR. McGOEY: 8 9 Object to the form of the question. MS. RICHARD-SPENCER: 10 11 Would you still be Same objection. THE WITNESS: 12 They had to classify everything as 13 nonoccupational because one day on an 14 occupational absence, they took -- they 15 explained it to me. 16 And they explained it to me in a way 17 -- and these were just people on the floor. 18 a guy had a broke arm and he -- and he broke it 19 at work, he could not miss that next day work. 20 Get the arm set, come in with the cast on, clock 21 in and maybe clock back out. 22 accident. 23 If No lost time But there is no way he could work 24 with his arm broke. And that is why they made 25 sure there was no lost time occupational Page 354 1 absences. It looks good for the contract with 2 the government and all of -- they -- that is how 3 it was explained to me by somebody down -- up 4 and down the line before all this stuff even 5 happened. 6 If something happen to you out here 7 and you get hurt at this job, we can't -- we 8 can't declare that an occupational absence. 9 needs to be nonoccupational. 10 It And we will do anything -- if we got 11 to bring you in here on a stretcher after you 12 done have a stroke out here the next day just to 13 clock in and clock back out. 14 work. 15 You didn't miss no And that is what they -- that is 16 what this whole thing is about. 17 never -- and the disability that I got from 18 MetLife stated that our -- our -- it was granted 19 to me on worsening sleep apnea. 20 facts of this case were mentioned. 21 sleep apnea is the reason why they paid me. 22 It -- they And none of the Worsening And the Union let all of that slide. 23 It never brought up -- it never -- that is the 24 reason for the absence for the -- for the 25 disability. Page 355 1 MS. HUNT: 2 Okay. 3 EXAMINATION BY MS. HUNT: 4 Q. And were your benefits the same whether 5 you were placed on nonoccupational or 6 occupational, to the best of your knowledge? 7 A. Yes. They should -- as far as I know 8 and trying to understand your question, I think 9 so. But even at -- with a -- with a 10 nonoccupational, it -- they shouldn't have been 11 able to drop the ball the way they did. 12 Q. Okay. 13 A. But all of this was -- all of this stuff 14 happened because of the events that happened in 15 November and nothing else. 16 Q. Okay. All right. But -Yesterday you 17 testified that the other workers would play 18 around with each other, too. 19 Were the type of -- was the type of play 20 that they played with each other the same type 21 of play that they played with you? 22 A. It wasn't the same. It is -- it is -- 23 this play that happened in November to me was 24 life-threatening. 25 suffocated in that truck or anything. I could have -- I could have Page 356 1 2 Q. Did they treat each other how they treated you? 3 A. No. 4 Q. Okay. And it was your testimony that 5 they singled you out because -- and played with 6 you in that way as they classified as playing 7 because you were black? 8 MS. RICHARD-SPENCER: 9 Objection. 10 Form. MR. McGOEY: 11 Same objection. 12 THE WITNESS: 13 I was a black man in the wrong 14 place. 15 EXAMINATION BY MS. HUNT: 16 Q. Okay. 17 A. I should have been -- I shouldn't have 18 been on that nightshift schedule change. 19 Q. All right. 20 A. That is their cookie. 21 play toy. 22 Q. That is their You are not welcome. Okay. And yesterday you talked about 23 the recording with the EEOC. 24 recording prior to her entering the room? 25 A. No. Did you start that Page 357 1 Q. When did you start recording? 2 A. I -- I went there -- I didn't go there 3 to record her. 4 documents, proof that I went to EEOC on several 5 occasions. 6 I went there to get the And she came out of the back with those 7 documents -- documents in her hand. 8 it is like taunting me. 9 it. 10 And she -- Just, she have to do Yeah, you came here. Yeah. But the 11 statutes -- you know, you got 300 days. We 12 destroy all the records. 13 the records right in front of her in her hand. 14 And when I saw that I -- I pushed -- I And she was showing me 15 -- I pushed the record button on my phone right 16 in front of her. 17 Q. So, you said that you didn't tell her 18 yesterday that you were recording, but did she 19 know you were recording? 20 21 22 23 24 25 A. If she -MR. McGOEY: Objection. Calls for speculation. MS. RICHARD-SPENCER: Same objection. THE WITNESS: Page 358 1 She could have known because I 2 didn't try to hide any of my movements. 3 EXAMINATION BY MS. HUNT: 4 Q. Okay. 5 A. And when -- because like she didn't try 6 to hide any of hers or the paperwork that I went 7 there to try to get. 8 9 Q. And -- and did you see any signs up that said that you could not record? 10 A. No. 11 Q. All right. 12 the question about: 13 Let's -- let's go back to help? 14 A. 15 Thomatis. 16 -- I begged for help with Armond Thomatis and 17 saw what happened. 18 Yes. Did you ask the Union for I asked them for help with Armond That was a continuous event where I It made me wonder how much -- how much 19 would that -- help would they give me. 20 going to only get worse. 21 Q. Okay. It was Could only get worse. And yesterday you were hesitant 22 to name some of the people that you talked to 23 about your case. 24 25 A. Why is that? I fear for them. being involved in this. I fear for -- of them Page 359 1 Q. Why? 2 A. Because it is a hateful situation. 3 just like they hate me or -- they will hate 4 anybody that is associated with me. 5 And members, friends or whoever. 6 Q. Family Yesterday you saw a document requesting 7 an appeal with the name Ann E. Dow on the top of 8 the document? 9 A. Yes. 10 Q. Did you consult with her about this 11 Ann -- Anna Dow. case? 12 A. Yes, I did. 13 Q. And did she take your case? 14 A. No. 15 Q. Yesterday you said that there was no 16 penetration. 17 it felt when -- exactly what happened while you 18 were bent over in regards to when you felt the 19 antenna or finger and when you jumped up and 20 told them to stop playing? 21 antenna on your anus? 22 23 24 25 Can you explain to me exactly how Did you feel the MS. RICHARD-SPENCER: Objection. Form. MR. McGOEY: Same objection. Page 360 1 THE WITNESS: 2 They were trying to recruit me. 3 Make a punk out of me. 4 EXAMINATION BY MS. HUNT: 5 Q. Did you feel -- 6 A. With witnesses. 7 Yes, it pushed forward on my rectum. 8 Q. Okay. 9 A. And it hit my balls before it got there. 10 Q. All right. 11 Okay. How did you find out about the -- 12 A. It -- go ahead. 13 Q. How did you find out about the 14 turnaround? 15 A. They posted it. 16 Q. On what? 17 A. On the bulletin board. 18 Q. In where? 19 A. In the central shop. 20 Q. The central stop of what? 21 employer? 22 A. Of what? 23 Q. Okay. 24 documents? 25 A. Yes. Or, what Of -- of Shell's. Mr. McNealy, do I Email you Page 361 1 Q. How often do you check your Email? 2 A. Not as often as I should. 3 Q. And when you read the documents, if you 4 read them, could you please reiterate what it 5 does to you? 6 MR. McGOEY: 7 Object to the form of the question. 8 THE WITNESS: 9 It is a deposition like this all 10 over again every time I read one and try to read 11 -- and it takes me a long period of time to try 12 to understand it and comprehend it. 13 EXAMINATION BY MS. HUNT: 14 15 Q. it make you relive the incident? 16 MS. RICHARD-SPENCER: 17 Objection. 18 21 22 23 24 25 Form. THE WITNESS: 19 20 And after you read the documents, does Every bit of it. That is why this -MS. HUNT: Did you have -THE WITNESS: -- nightmare needs to stop today. MS. HUNT: Page 362 1 2 3 4 Okay. It is almost done. EXAMINATION BY MS. HUNT: Q. Did you have any problem with absences in regards to missing work? 5 A. No. 6 Q. When you were placed in the absentee 7 program, was it because of it was a 8 no-call/no-show? 9 A. Yes. 10 Q. I will bring your attention to the 11 deposition that you had in the workers' 12 compensation in regards to you going to the EEOC 13 on Page 143. 14 I think it was exhibit -- MR. McGOEY: 15 It is Exhibit 3. 16 MS. HUNT: 17 -- 3. 18 19 20 EXAMINATION BY MS. HUNT: Q. And Line 5 where it says, "Have you filed any EEOC claims" -- wait. 21 I'm sorry. "Have you filed an EEOC claim in 22 connection with your employment at Motiva?" 23 you say, "No." 24 that they were asking you? 25 A. And What -- what did you understand They wanted -- I -- I was under the Page 363 1 impression that they wanted to know had I 2 received the right-to-sue letter, and which at 3 that time, I didn't. 4 And I don't -- I don't know what the 5 close time, but I had -- you know, I definitely 6 had been to EEOC I think prior to that. 7 Q. I will bring your attention to Exhibit 8 12. The first paragraph, the last sentence, 9 "This document is regarding your termination." 10 What does it say that you were being terminated 11 for? 12 MR. McGOEY: 13 Object to the form. 14 MS. RICHARD-SPENCER: 15 Same objection. 16 MR. McGOEY: 17 This is not a termination letter. 18 MS. HUNT: 19 Okay. 20 4th, 2012. 21 MR. McGOEY: 22 23 24 25 The letter dated September Correct. EXAMINATION BY MS. HUNT: Q. What does it say? Could you -- this sentence right here (indicating)? Page 364 1 2 3 A. Yeah, this -- "This absence is considered an absence without leave AWOL." Q. So would this -- this would be the 4 program that you were in. 5 first date that you were absent since -- 6 A. So this would be the It may have been regarding -- 7 referencing the program that I was. 8 been in the -- in the -- I know they -- it was 9 -- it was harassment. 10 It may have And this letter came to the house on 11 certified mail, trying to force me to come back 12 to work even though I was under doctor's care. 13 14 Q. But it says that it was absent without leave, right? 15 A. Right. 16 Q. Which is on the program that you 17 18 couldn't miss any days without leave? A. Right. But I was -- you know, I was 19 under doctor's care at that time for sure. 20 I had medical -- that was harassment. 21 22 23 Q. And And you testified that they placed you on a nonoccupational disability leave? A. Because of worsening sleep apnea. Sleep 24 apnea didn't come up in any of the complaints 25 that I made to anybody. Page 365 1 That was MetLife who was working with 2 cahoosion with Shell to figure out a way to pay 3 me without showing guilt to -- to the events of 4 November 2011. 5 Q. Were any of the guys that were working 6 with you on this turnaround ever wrapped in a 7 truck that you saw? 8 A. I never see anybody ever. 9 Q. Did you ever see any of them be hit in 10 the head with a crane control box? 11 A. Never. 12 Q. Were any of them stuck in the anus with 13 There -- a pen -- with a radio antenna? 14 A. Never. 15 Q. All right. 16 A. Never. 17 Q. I am going to draw your attention to Never the play went that. 18 exhibit -- the exhibit concerning a workers' 19 compensation order. 20 MR. McGOEY: 21 22 23 24 25 And the handwritten -- It is Exhibit 9. EXAMINATION BY MS. HUNT: Q. Exhibit 9, the handwritten note on the letter. A. Uh-huh. Page 366 1 Q. What are the initials under -- what is 2 -- what initials are signed underneath the 3 handwriting? 4 A. Elizabeth Lanier. 5 Q. Okay. 6 A. EL. 7 Q. Okay. 8 9 A. Yes. MR. McGOEY: 11 13 And is that the same judge who ordered this? 10 12 So what are the other initials? Object to the form of the question. EXAMINATION BY MS. HUNT: Q. I'm going to bring your attention to 14 Exhibit 6, the handwritten note. It says -- 15 where it says, "This is a Letter of Intent to 16 Appeal," there is a scratch-off before intent? 17 A. Uh-huh. 18 Q. And then you have, "per conversation 19 with Vicky Grenier." 20 exactly tell you, you needed to do in order to 21 appeal? 22 23 24 25 A. What did Vicky Grenier Send a notice -- a Notice of Appeal in writing just stating that I intend to appeal. Q. Okay. Yesterday and today you have testified that you were afraid to get fired if Page 367 1 they found out about what was going on with you 2 or if you pushed the issue. 3 In your Emerson case, when you 4 complained, were you fired? 5 MR. McGOEY: 6 Object to the form. 7 MS. RICHARD-SPENCER: 8 Same objection. 9 THE WITNESS: 10 Yes. 11 I was fired twice. EXAMINATION BY MS. HUNT: 12 Q. Okay. 13 A. They got me back, and then they fired me 14 again because everybody in the shop stood up for 15 me. Everybody in that location stood up for me. 16 MS. HUNT: 17 Okay. 18 MR. McGOEY: 19 I don't have anymore. 20 THE VIDEOGRAPHER: 21 22 No further questions. Today's deposition consists of two tapes. This is the end of Tape 2. 23 We are now off the Record at 10:46. 24 * 25 * * * * Page 368 1 2 WITNESS' ATTESTATION I have read or have had the foregoing 3 testimony read to me, pursuant to Rule 30(e) of 4 the Federal Rules of Civil Procedure and/or 5 Article 1445 of the Louisiana Code Civil 6 Procedure, and hereby attest that, to the best 7 of my ability and understanding, it is a true 8 and correct transcription of my testimony, with 9 the exception of any attached corrections or 10 changes, complete with reasons for changes, on 11 the Witness' Amendment Pages; 12 I have in no way altered the printed 13 transcript pages containing testimony herein, 14 tampered with the seal on the last numbered page 15 herein, or tampered with the security strip on 16 the binder hereof. 17 certified transcript has been maintained in the 18 identical form as it was received by me, with 19 the exception of any changes on the Witness' 20 Amendment Pages. The integrity of this 21 22 ------------Date 23 24 25 _____________________________ NEWTON T. McNEALY, JR. (Signature) Page 369 1 2 REPORTER'S PAGE I, KAY E. DONNELLY, Certified Court 3 Reporter in and for the State of Louisiana, the 4 officer, as defined in Rule 28 of the Federal 5 Rules of Civil Procedure and/or Article 1434(B) 6 of the Louisiana Code of Civil Procedure, before 7 whom this proceeding was taken, do hereby state 8 on the Record: 9 That due to the interaction in the 10 spontaneous discourse of this proceeding, dashes 11 (--) have been used to indicate pauses, changes 12 in thought, and/or talkovers; that same is the 13 proper method for a Court Reporter's 14 transcription of proceeding, and that the dashes 15 (--) do not indicate that words or phrases have 16 been left out of this transcript; 17 That any words and/or names which could 18 not be verified through reference material have 19 been denoted with the phrased "(spelled 20 phonetically)." 21 22 23 24 25 _____________________________ KAY E. DONNELLY Certified Court Reporter State of Louisiana Certificate No. 87008 Page 370 1 C E R T I F I C A T E 2 This certification is valid only for a transcript accompanied by my original signature and original required seal on this page. I, KAY E. DONNELLY, Certified Court Reporter in and for the State of Louisiana, as the officer before whom this testimony was taken, do hereby certify that NEWTON T. McNEALY, JR., to whom oath was administered, after having been duly sworn by me upon authority of R.S. 37:2554, did testify as hereinbefore set forth in the foregoing ninety-four (94) pages; that this testimony was reported by me in the stenotype reporting method, was prepared and transcribed by me or under my personal direction and supervision, and is a true and correct transcript to the best of my ability and understanding; that the transcript has been prepared in compliance with transcript format guidelines required by statute or by rules of the board; and that I am informed about the complete arrangement, financial or otherwise, with the person or entity making arrangements for deposition services; that I have acted in compliance with the prohibition on contractual relationships, as defined by Louisiana Code of Civil Procedure Article 1434 and in rules and advisory opinions of the board; that I have no actual acknowledge of any prohibited employment or contractual relationship, direct or indirect, between a court reporting firm and any party litigant in this matter nor is there any such relationship between myself and a party litigant in this matter. I am not related to counsel or to the parties herein, nor am I otherwise interested in the outcome of this matter. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _____________________________ KAY E. DONNELLY Certified Court Reporter State of Louisiana Certificate No. 87008 December 2, 2016

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